[Adopted as Ch. 122, Art. IV, of the 1994 Code of Ordinances]
Pursuant to the Recycling Act,[1] each resident of the Township shall be required to comply
with the recycling plan of the Township adopting the county recycling
plan to meet the state-mandated recycling goals. To effectuate and
implement the Township recycling plan, the requirements of this article
are adopted.
[1]
Editor's Note: See N.J.S.A. 13:1E-213 et seq.
A.
The Township hereby adopts this article to provide for recycling
within its borders pursuant to the Recycling Act, adopting in this
article the county recycling plan as its official municipal recycling
program.
B.
All municipal contracts for solid waste collection or disposal within
the Township shall be consistent with this article and the county
recycling plan.
C.
Leaves.
(1)
All
persons occupying residential premises within the Township shall,
for the period from September 1 to December 31 of each year, source-separate
leaves from solid waste generated at those premises and, unless leaves
are stored or recycled for composting or mulching by the generator,
place the leaves for collection in the manner provided for in this
section. All leaves shall be either bagged or raked into the street
gutter in accordance with the Township Resident Leaf Recycling Program.
The Township will collect the leaves in accordance with the schedule
contained in the Township Resident Leaf Recycling Program.
(2)
Stormwater
management regulations (N.J.A.C. 7:8). Municipalities are required
to follow strict guidelines for minimizing nonpoint-source pollution.
These regulations require that all noncontainerized leaves be placed
in the gutter no more than seven days prior to its scheduled pickup,
and leaves cannot be closer than 10 feet to the storm drain.[1]
D.
The Township may deliver tires to the existing transfer station or
such site as designated by the County Improvement Authority for transfer
to a tire recycler.
E.
The Township shall, at a minimum, within 30 days after the adoption
of this article and at least once every six months thereafter, notify
all persons occupying residential, commercial and institutional premises
within its municipal boundaries of recycling opportunities and the
source-separation requirements of this article and the county recycling
plan. In order to fulfill the notification requirements of this subsection,
the Township may, in its discretion, place an advertisement in a newspaper
circulating in the Township; post a notice in public places where
public notices are customarily posted; include a notice with other
official notifications periodically mailed to residential taxpayers;
or any combination thereof, as the Township deems necessary and appropriate.
At least once annually, the County Improvement Authority shall be
informed, in writing, of the manner in which residents were notified.
F.
The Township shall, pursuant to N.J.S.A. 13:1E-99.16c, within 30
days of the effective date of this article and at least once every
36 months thereafter, conduct a review and make the necessary revisions
to the Master Plan and development regulations adopted pursuant to
N.J.S.A. 40:55D-1 et seq., which revisions shall reflect changes in
state, county and municipal policies and objectives concerning the
collection, disposition and recycling of designated recyclable materials.
The revised Master Plan shall include provisions for the collection,
disposition and recycling of recyclable materials within any development
proposal for the construction of 50 or more units of single-family
residential housing or 25 or more units of multifamily residential
housing, and any commercial or industrial development proposal for
the utilization of 1,000 square feet or more of land. Permits for
construction and demolition work, as well as road opening permits,
shall be required to specify the quantity of materials recycled, where
they will be taken and how they will be handled.
[Amended 12-22-1993 by Ord. No. 93-067]
A.
Duties of residents. On and after the official commencement date
of the County recycling system within the Township, each person residing
in areas designated for recycling collection shall separate for curbside
collection on designated collection days and such additional days
as may be designated by the County Improvement Authority those materials
designated in the county recycling plan, as listed in this section,
and shall do so in the manner as set forth in this article.
B.
Recyclable materials; collection.
(1)
All residents shall recycle or cause to be recycled, at a minimum,
the following categories of recyclables:
(2)
The following materials are collected through the County Improvement
Authority's residential collection programs: glass, aluminum, plastic,
tin-plate steel and bimetal containers and paper. Private contractors
servicing multifamily complexes within the Township are required to
collect for recycling, at a minimum, the same materials as collected
through the County Improvement Authority's residential collection
programs.
(3)
As part of the County source-separation and recycling plan, the Township
shall provide all residents a means to recycle items designated in
this plan not collected at curbside by the County Improvement Authority.
C.
Violations. Any and all persons having been found to have violated the provisions of the recycling plan of the Township will be assessed warnings, penalties and fines pursuant to § 420-14.
D.
Materials placed for collection to become property of County. At
the time of placement of recyclable materials designated for collection
by the recycling plan of the Township at the curb or streetside of
residential units, the material shall be considered the sole property
of the County Improvement Authority and shall be considered a conscious
contribution by that resident to the County recycling system for collection
by the County Improvement Authority or its agent.
E.
Donation or sale of materials to persons other than County. Any resident
within the Township may donate or sell designated recyclable materials
to any person, whether operating for profit or not for profit, provided
that the receiving person may not perform curbside collection under
any circumstances unless that person has registered with the County
Improvement Authority as a private recycler.
F.
Disposal of batteries. Household batteries shall be part of the curbside
recycling program. Auto batteries shall be recycled at dropoff locations
established by the Township.
G.
Multifamily complexes.
(1)
Materials collected from multifamily complexes by private contractors
shall be the property of the private contractors. Private contractors
servicing multifamily complexes shall provide monthly reports to the
Township on total tonnages recycled from all multifamily complexes
serviced by the private contractor within the Township. On or before
January 31 of each year, private contractors shall file tonnage reports
with the County Improvement Authority, giving annual totals for tonnages
recycled and markets for individual materials, along with documentation
for those tonnages and markets.
(2)
It shall be the responsibility of the landlord, building owner, property
manager or private association to ensure that recycling collection
services are provided to residents of multifamily complexes and that
sufficient space is provided for collection and storage of materials
designated for recycling.
(3)
It shall be the responsibility of the landlord, building owner, property
manager or private association to inform both current and new residents,
at a minimum annually, of the manner, time and place for collection
of recyclable materials.
[Amended 12-22-1993 by Ord. No. 93-067]
A.
Recyclable materials. All commercial, industrial and institutional
establishments located within the Township shall recycle or cause
to be recycled, at a minimum, the following categories of recyclables:
B.
Recycling plan required; contents. All commercial, industrial or
institutional establishments located within the Township shall submit
a source-separation recycling plan to the County Improvement Authority
to meet the state recycling mandates, identifying or incorporating
the following:
(1)
All waste material generated, listed by type.
(2)
All volumes of the waste categories currently recycled.
(3)
Any agreement with any solid waste hauler or with a separate entity
for the recycling of source-separated designated materials as defined
within the county recycling plan.
(4)
A description of current or proposed recycling efforts for designated
materials.
(5)
The name of the person responsible for the recycling plan.
C.
Schedule for submission of plans; waste audit. The schedule for submittal
of these commercial, industrial and institutional recycling plans
to the County Improvement Authority shall be as follows:
(1)
All commercial, industrial or institutional establishments whose
waste is collected by private haulers and which are not serviced by
municipal collection shall submit the plan within four months of enactment
of this article and shall implement the plan within two months following
approval of the plan by the County Improvement Authority.
(2)
All commercial, industrial or institutional establishments whose
waste is collected through a municipal collection system shall be
part of the municipal collection system of recyclables.
(3)
All commercial, industrial or institutional establishments shall
submit updated recycling plans, including a waste audit, to the County
Improvement Authority according to the following schedule:
(4)
Recycling plans shall be updated once every two years from the date
of approval of the waste audit.
D.
Joint recycling plans. All commercial, industrial or institutional
establishments required to submit a recycling plan under this article
may, at their option, submit a joint recycling plan with any other
entity whereby a common hauler or collection point for common pickup
is set forth. However, each commercial, industrial or institutional
establishment shall submit a plan identifying that they are part of
this joint plan and shall attach a copy of the plan, incorporating
it by reference. All joint plans must name all plan participants and
designate a coordinator for the joint plan. If a joint plan is filed,
the person serving as coordinator shall be required to file tonnage
reports with the County Improvement Authority. It shall be the responsibility
of the joint plan coordinator to update the list of participants,
if necessary, at the time of filing of recycling tonnage reports.
E.
Violations. Any such commercial, industrial or institutional recycling
plan shall be consistent with those terms, conditions and goals set
forth in the county recycling plan and this article. The failure to
submit the plan or comply with the plan shall subject the commercial,
industrial or institutional establishment to penalties as set forth
in this article.
F.
Extension of time for compliance. An extension of the time for plan
submittal or plan implementation of up to 90 days may be requested
from the County Improvement Authority, depending upon the size of
the establishment. Justification for such a request shall be submitted
to the County Improvement Authority, in writing, and shall be verified
as necessary or justified.
G.
Provision of service by County. Pursuant to the County Recycling Ordinance, Ordinance No. 89-19, upon failure of a commercial, industrial or institutional establishment to meet the source-separation recycling provisions of this article or the source-separation and recycling provisions of the Recycling Act, if not exempted pursuant to Subsection H of this section, the County Improvement Authority shall provide such recycling service, and all fees and costs for providing the recycling service shall be assessed at rates to be established by the County Improvement Authority through the State Board of Public Utilities and the County's solid waste franchise, and penalties shall be assessed as provided for in this article.
H.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16, the Township shall have the right to exempt persons occupying commercial and institutional premises within the municipal boundaries from the source-separation requirements of this article if those persons have otherwise provided for the recycling of the recyclable materials designated in the county recycling plan from solid waste generated at those premises. The Township shall annually submit to the County Improvement Authority a list of those commercial, industrial or institutional establishments requesting exemptions under this subsection and the results of its determination, with an explanation for the action. To be eligible for an exemption pursuant to this subsection, a commercial or institutional solid waste generator shall annually provide written documentation to the Township and the County Improvement Authority of the total number of tons recycled. Persons occupying commercial and institutional premises exempted under this subsection shall not be exempted from the reporting provisions of Subsection C of this section.
I.
Disposal of batteries. Household batteries shall be part of the curbside
recycling program. Auto batteries shall be recycled at dropoff locations
established by the Township.
J.
New establishments. New commercial, industrial or institutional establishments
commencing operations in the Township after January 1, 1991, shall
submit a recycling plan within six months of commencement of operations.
An extension of time for plan submittal or plan implementation of
up to 90 days may be granted by the County Improvement Authority on
request. Justification for such a request shall be submitted to the
County Improvement Authority in writing and shall be verified as necessary
or justified.
K.
Tonnage reports. Commercial, industrial or institutional establishments
shall file tonnage reports with the County Improvement Authority annually,
with documentation on materials claimed for recycling. Reports are
due on or before January 31 of the year following the end of the reporting
period, which is December 31. The County Improvement Authority reserves
the right to establish more frequent reporting periods should the
state Department of Environmental Protection require more frequent
reporting.
L.
Notification to tenants. All persons leasing commercial, industrial
or institutional space to tenants shall annually inform such tenants
of their responsibilities for recycling under the terms of this plan.
M.
Materials placed for collection to become property of county. At
the time of placement of recyclable materials designated for collection
by the plan at the curbside or streetside of commercial, industrial
or institutional establishments, the material shall be considered
the sole property of the County Improvement Authority and shall be
considered a conscious contribution to the County recycling system
for collection by the County Improvement Authority or its agents.
N.
Violations. Any commercial, industrial or institutional recycling
plan shall be consistent with those terms, conditions and goals set
forth in the county recycling plan and this article. The failure to
submit the plan or comply with the plan or any regulations therein
shall subject the commercial, industrial or institutional establishment
to penalties as set forth in this article.
O.
Provision of service by county. Upon failure of a commercial, industrial
or institutional establishment to meet the source-separation recycling
provisions of this article or the provisions of the enacting ordinance
of the County Board of Chosen Freeholders, or the provisions of the
Mandatory Recycling Act,[2] if not otherwise exempted, the Township or the County
Improvement Authority shall cause to be provided such recycling service,
and all fees and costs for providing the recycling service shall be
paid to the Township.
[2]
Editor's Note: See N.J.S.A. 13:1E-213 et seq.
A.
Any person or group of persons wishing to collect recyclable materials
shall register with the County Improvement Authority as a private
recycler.
B.
No private recycler shall conduct recycling collection activities
within the Township on designated County collection days.
C.
Upon registration, each private recycler shall receive an identification/registration
decal from the County Improvement Authority, and the recycler shall
prominently display the decal on recycling vehicles when collecting
recyclables within the Township.
D.
An ongoing condition of collection activities within the Township
shall be the submittal of certified weight tickets to the County Improvement
Authority for material sold, to quantify levels for state-mandated
recycling goals. The tickets shall be submitted to the County Improvement
Authority no later than 30 days following the date of sale of the
subject material.
The enforcement of the recycling plan of the Township shall
be provided individually and severally by the Township, with regard
to enforcement of this article, the County Improvement Authority,
and the state Department of Environmental Protection. The Township
hereby designates the Director of the Township Department of Public
Works as liaison with the County Improvement Authority for the enforcement
of this article.
A.
No person shall collect recyclables within the Township unless such
person has registered with the County Improvement Authority and the
requisite fee has been paid, unless an exemption has been granted
by the County Improvement Authority in accordance with Ordinance No.
88-19 of the County. The identification/registration decal of each
person so registered shall be prominently displayed on each recycling
vehicle at all times while collecting recyclables within the Township.
B.
Failure to register or to display the identification/registration
decal on vehicles while collecting recyclables within the Township
shall subject such private recycler to a fine of up to $250 per offense.
C.
Any person conducting recycling collection activities within the
Township on designated County recycling collection days shall be assessed
a penalty of $250 per offense.
[Amended 5-4-1994 by Ord. No. 94-016]
A.
Residents.
(1)
Any resident of the Township who is found to have violated the provisions
of this article shall be subject to any or all of the following procedures
and penalties:
(a)
A warning on the first occasion that this article is violated;
and thereafter
(b)
A cessation in the collection of garbage which contains recyclable
materials from that household; and
(c)
A fine of up to $500 per day of violation, depending upon the
extent of and circumstances of the violation, to be assessed pursuant
to N.J.S.A. 13:1E-9 by the County Improvement Authority, as authorized
by this article and pursuant to the inclusion of this article within
the County Solid Waste Management Plan.
(2)
The terms and provisions of this article may be enforced individually
and severally by the Township, the County Improvement Authority and
the state Department of Environmental Protection.
B.
Commercial, industrial and institutional establishments.
(1)
Failure to submit the plan or have an approved plan in place as required
by this article shall subject the commercial, industrial or institutional
establishment to a fine of up to $100 per day until plan submittal
requirements are met.
(2)
Any commercial, industrial or institutional establishment located within the County found to have violated its required recycling plan as submitted to the County pursuant to § 420-11 shall be subject to the following procedures and penalties:
(a)
A warning on the first occasion that the plan is violated; and
thereafter
(b)
A fine up to $1,000 per day of violation, depending upon the
extent of and circumstances of the violation and the size of the violating
establishment, to be assessed pursuant to N.J.S.A. 13:1E-9 by the
County Improvement Authority, as authorized by this article.
C.
Enforcement of terms and provisions. The terms and provisions of
this article may be enforced individually and severally by the Township,
the County Improvement Authority and the state Department of Environmental
Protection.
This article shall constitute the adoption and approval of the
County Source-Separation and Recycling Plan as set forth in the amendment
to the County District Solid Waste Management Plan.
